Question
I just got charged with a DUI (driving under the influence of alcohol). If I'm found guilty, will I have a
felony conviction on my record? Or is a DUI a
misdemeanor?
Answer
Generally, it's possible to be convicted of a DUI as a misdemeanor
or a felony. A standard first offense is almost always going to be a misdemeanor. But a DUI offender who kills or seriously injures another person is typically looking at felony charges—even if it's the person's first offense. (Read more about
criminal charges for DUI-related killings.)
Having prior DUI convictions can also elevate a DUI to a felony. In some states, first and second DUI offenses are misdemeanors but a third or subsequent conviction is a felony. (Learn about
how long a prior DUI conviction stays on your record.)
There are also states that make a DUI a felony if the driver had a particularly
high blood alcohol concentration (BAC) or was transporting children while driving under the influence